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    • Yes you should take this view, but this is nothing to worry about you will be fine. you have a very well edited WX im sure although I haven't actually looked at it because I can't seem to work out which one is the new one anymore, although I do remember something previously. however if i remember it right its just a lost parcel via packlink and no insurance which frankly is pretty straightforward and should be a copy of farooq v evri. Have I understood the case right? Please tell me if not as there is rather a lot on this forum
    • well in every other thread advocate or not evri always send a cpr27.9 because they never turn up. I don't think we've seen a thread here without one. Maybe @BankFodder can tell me if i've missed one, but all of the ones I can remember there has been a cpr 27.9 notice even when an advocate has attended and from my own knowledge also I've always had CPR 27.9 advocate or not. I dont think there is a single thread on this forum where evri have shown up themselves and similarly I don't think there is a single thread where they dont send notice (aside from this)
    • OK, thanks.  Jake Burgess is well known to us - and well despised. Friday would be great as then there would be the weekend to tweak things. 👍
    • Thanks FTMDave.  VCS's WS was from Jake Burgess.  I will draft my WS and share with copies of court order, and VCS's exhibits asap.  I'm away tomorrow so more likely Friday.  Thanks again for the advice   
    • Thanks. Time to move on this. 1.  You need to tweak the magnificent WS that dx suggested.  Adapt it to your case.  It should take you about half an hour (I recently wrote a WS from scratch during a train journey which wasn't optimum 😂 with lots of cross referencing and it took me an hour an half, you have one already cooked thanks to dx). 2.  We will add bits to ridicule VCS's WS - it's rich that they moan about your defence being standard when their Particulars of Claim are too and also include the rubbish about keeper/driver that has been criticised numerous times by the courts. 3.  Who wrote their WS?  Was it Mohammed Wali or Ambreen Arshad or have they got someone new? 4.  We need to see a good chunk of VCS's exhibits.  I don't get why we have to keep asking you for things rather than them being volunteered.  Isn't it obvious that we can't help you compile a decent WS if we can't see what the other side is arguing?  All their silly signs aren't needed, but any contract with the landowner is important as are all the photos of your vehicle. 5.  You've never shown us the court order which fixes the hearing date.  It should be obvious we need to see what the court has ordered.  This is the second time we've asked. 6.  VCS were using Elms Legal.  Are Elms Legal still involved? 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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help! caravan site in administration


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Help!

 

Me and my boyfriend have just come back from a nightmare holiday in newquay. The site we stayed on had gone into administration 21st may. our holiday was 7th june. we recieved no confirmation about this. All apart from the bar, all the facilities were closed (ie restaurant, heated pool shop etc) we had no water one day due to them drilling through the water pipe. it was a holiday from hell.

 

the website is still adertising everything is open (apart from 'in administration' at the top of website and in small print at bottom) but for most people you may over look this, and presume its still up and running.

 

Where do i stand? who should i contact? i have written a 5 page letter listing all the problems we faced, and sending that to the site direct and also the administrators. who else can i contact?

 

(all the staff were told everyone that had booked a holiday were sent a letter to tell them- we, nor did any of the other people we spoke to were sent one)

 

see website for your self summer lodge country park in cornwall.

 

thanks

 

wendy

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You should name the company here as it will get into Google and warn others.

 

Good advice about the credit card claim route.

 

Are they still taking bookings? If so then contact the police.

 

Unfortunately, if they are in administration then there will be little you can do if you did ot pay by credit card.

 

Did you get the contact details of others who were there?

 

You should also call the local paper for that region and give them the story - although it won't do you much good.

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If your debit card is VISA then you can ask for "Chargeback" through your bank. It is likely that initially your bank will tell you that they can't do chargeback on a debit card. Just tell them that you will report to directly to VISA EUROPE, and i think you will find more co-operation.

YOU CAN DO CHARGEBACK WITH VISA DEBIT CARDS. Can't say for others though.

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It's certainly accepting bookings still. I did an enquiry and received the following email.

 

"

Morning,

 

I'm please to advise you that we do have limited availability for your requested dates, staying in bronze budget accommodation, please call us on

01726 860 415 so we can process your booking.

 

Prices start from £199.

 

Regards

 

Sue Boniface

Guest Reservations Advisor

Summer Lodge Country Park

0845 838 2 938

www.summerlodge.co.uk "

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Hello everyone. I may be out of date here, but is there an obligation on the administrators to try to keep the business going to recoup as much money as possible?

 

I don't know how that impacts on claims by unhappy clients, but I hope this might be relevant. We may need an accountant here.

 

HB

Illegitimi non carborundum

 

 

 

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I don't believe being in 'Administration' is relevant - as this simply means an accountant is running the business to restructure or sell.

 

The issue is more to do with what you were promised and ehat you got. I do not think a chargeback will be successful, as you actually recieved the holiday and stayed for the full duration? Your issue is not being able to take advantage of expected facilities (like the pool) so some form of rebate or credit would be in order. The loss of water would be an accident, and the same could have happened at home if someone dug through the pipe.

 

I'd write in the first instance to the administrator, pointing out you were disappointed with the holiday, and list the items that were unavailable, yet were promised. It would be up to them to refund, or for you to pursue what you believe you are due as a rebate if they refuse. But bear in mind if they are in a precarious position, winning a case may not bring satisfaction if the business is taken over by a new company.

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